71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3399
 
LC 2821/HB 3399-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3399
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 30
 
  In line 2 of the printed bill, delete 'appropriating money;'.
  Delete lines 4 through 18 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section and
section 2 of this 2001 Act:
  ' (a) 'Best value procurement' means a method of selecting a
vendor based on a determination of which vendor's proposal offers
the best trade-off between price and performance, in which
quality is considered an integral performance factor. The
selection shall be based on factors including but not limited to:
  ' (A) The total cost of ownership, including the cost of
acquiring, operating, maintaining and supporting a product or
service over its projected lifetime;
  ' (B) The evaluated technical merit of the vendor's proposal;
  ' (C) The vendor's past performance; and
  ' (D) The evaluated probability of the vendor performing the
requirements stated in the solicitation on time, with high
quality and in a manner that accomplishes the stated business
objectives and complies with industry standards.
  ' (b) 'Government-vendor partnership' means a mutually
beneficial contractual relationship between a state agency and a
vendor, in which the two share risk and reward and in which value
is added to the procurement of information technology.
  ' (c) 'Information technology' has the meaning given that term
in ORS 291.038.
  ' (d) 'Solution-based solicitation' means a solicitation whose
requirements are stated in terms of how the product or service
being purchased should accomplish a business objective, rather
than in terms of the technical design of the product or service.
  ' (e) 'State agency' includes every state officer, board,
commission, department, institution, branch or agency of the
state government whose costs are paid wholly or in part from
funds held in the State Treasury, except the Legislative
Assembly, the courts and their officers and committees, and
except the Secretary of State and the State Treasurer in the
performance of their duties.
  ' (2) The intent of best value procurement of information
technology is to enable vendors to offer, and a state agency to
select, the most appropriate solution to meet the business
objectives identified in a solicitation and to keep all parties
focused on the desired outcome of a procurement. Business process
reengineering, system design and technology implementation may be
combined into a single solicitation.
  ' (3) The acquisition of information technology by a state
agency may be conducted using the best value procurement method.
However, when a state agency and the Oregon Department of
Administrative Services determine that acquisitions are highly
complex or that the optimal solution to a business problem is not
known, the state agency and the department may use solution-based
solicitations and government-vendor partnerships. + }
 
  '  { +  SECTION 2. + }  { + (1) The Oregon Department of
Administrative Services shall develop and implement policies and
procedures to permit the use of best value procurement and, as
applicable, solution-based solicitations and government-vendor
partnerships in the procurement of information technology by
state agencies.
  ' (2) The department may develop and implement policies,
procedures and programs to permit the state agency and Oregon
Department of Administrative Services personnel involved in the
development of solicitations, development of specifications,
evaluation of proposals, selection of vendors, administration of
contracts and management of information technology projects to
receive high-quality training in the principles of best value
procurement, solution-based solicitations, government-vendor
partnerships, contract administration and project management. + }
  '  { +  SECTION 3. + }  { + (1) The Oregon Department of
Administrative Services shall develop and implement the policies,
procedures and programs described in section 2 of this 2001 Act
no later than December 31, 2003.
  ' (2) The Oregon Department of Administrative Services shall
report to the Joint Legislative Committee on Information
Management and Technology on the results of the implementation of
sections 1 and 2 of this 2001 Act by January 15, 2003. + }
  '  { +  SECTION 4. + }  { + Sections 1 to 3 of this 2001 Act
are repealed on June 30, 2005. + } ' .
  In line 19, delete '4' and insert '5'.
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